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Five Contested Divorce Mistakes

Probate Attorney | Stephen Marc Drucker

How to proceed when your spouse is cooperative in a CA divorce?

There will always be divorces in which the parties are not cooperative and do not agree on their issues. Often people who are involved in contested divorces make mistakes which can waste money and cause the divorce to take much longer than it should. It goes without saying that the parties should try to understand the law as it pertains to their issues. In this regard, an experienced flat fee divorce lawyer would be invaluable. A flat fee attorney would limit cost but provide well-needed advice and oversight so that mistakes are not made. Here is a list of common mistakes that people make when confronted with an uncooperative spouse and a contested divorce.

  1. The parties get mired in temporary orders and do not finalize the divorce. The solution is to request a trial date as soon as possible. This is the fastest way to get before the judge and finalize the divorce.
  2. One or both parties may need to quickly address child support, custody/visitation or spousal support and cannot wait until the trial which may take 4 or more months to arrange. The best solution is to file a Request for Order for temporary orders until the judge can address these issues in the trial.
  3. One or both parties may not wish to live in the same home when involved in a contested divorce. The solution would be that one moves out once the petition is filed and the respondent is served.
  4. One party may be abusive and threatening. If there is physical violence, the police may need to be called and/or a Restraining Order filed depending on the severity of the abuse. If the plaintiff is successful, the other party will have to vacate the home and could go to jail.
  5. One party does not show up to a trial setting conference. The judge may continue it or take it off calendar. If taken off calendar, the party should file again.

It’s always best to speak with an attorney who can guide you through the divorce process. Often people think that an attorney is too expensive. Although most attorneys charge hourly/retainer rates that are too costly for most people–there are some attorneys who offer flat fees for divorce. This makes divorce affordable and is the best option for most people.

For an affordable divorce, contact Legal Action Workshop. We offer low flat fees and attorney advice and oversight. We can be reached @ 1-800-HELP-444. You may also visit our website for more information www.LegalActionWorkshopLAW.com .

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